Description

Object or Purpose of this legislative Instrument:

This chapter of the Transport Infrastructure Act provides a regime for the construction, maintenance and operation of safe rail transport infrastructure which contributes to overall transport efficiency and effectiveness.

Scope of this legislative Instrument:

The chapter provides for a rail feasibility investigators authority to enter another persons land to investigate the lands potential and suitability as a rail corridor.

It further sets out the powers, obligations and rights of railway managers and operators in relation to rail land and works impacting upon that land and the offences and penalties under the Act, which are further prescribed by the Regulation.

The rail transport provisions of the Act do not apply to:

a cable car

a monorail

an amusement railway

a cane railway

a tramway operated on roads

The following Subordinate Legislation should be examined:

Transport Infrastructure (Rail) Regulation 2006.

The following Guides or Booklets are available:

Rail Safety Management within Queensland

Service type

Regulatory Obligation

An obligation defined in law. A business must comply with relevant services.

Act(s) name

Additional information

A railway manager may temporarily close or regulate a railway crossing on safety grounds under the provisions of the Act.

Appeal process

Lodgement

Compliance Mechanisms and Penalties:

The provisions of the Transport (Rail Safety) Act 2010 require railway infrastructure managers and railway operators to comply with the conditions of their accreditation. Breaches of this requirement may incur a fine, or suspension or cancellation of accreditation.

Railway incidents may be investigated by rail safety officers under the Transport (Rail Safety) Act 2010 and may result in proceedings before a Board of Inquiry.

Fines are imposed for offences against the Transport (Rail Safety) Act 2010 and are further prescribed in the Regulation.

Review or Appeal Mechanisms:

An appeal against a decision relating to accreditation or to the carrying out of railway works may be made to the appropriate court as specified in the Schedule to the Transport (Rail Safety) Act 2010 .

Administering agency

Rail, Ports and Freight Division

Governance, Policy and Planning

Contact details

Contact Email, Phone and Address Details for this service in simple two column table format, header then data.

Supporting information

We acknowledge the traditional owners of the country throughout Australia and their continuing connection to land, sea and community. We pay our respect to them and their cultures and to the elders past and present.